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High Court: a) refuses well charging order over lands, on grounds that it was not clear that the defendant had a beneficial interest in the said lands; and b) joins as co-defendant a company which appeared to have an interest in the said lands.
Special summons - judgment mortgages - application for well charging order - whether defendant had beneficial interest in relevant lands - burdens on relevant folio - 2004 judgment declaring that transfer of lands from defendant to company was void - folio amended to show defendant as registered owner - 2004 order discharged by consent in 2006 - company dissolved in 2005 - reinstated 2012 - s. 71(4) of the Registration of Title Act 1964 - status of judgment mortgagee - determination of ownership - whether plaintiff should have taken notice of 2006 discharge of order - whether company should have been joined to proceedings.
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